How to File an ADA Issue
The Americans with Disabilities Act prohibits employers from discriminating against a person based on a physical or mental disability. Violations of the ADA can include not hiring a person based on his disability; lack of reasonable accommodations in the workplace; lack of training, advancement or benefits for a disabled person; or dismissal of a person based on her disability. ADA claims can be complicated and may require a lawyer.
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Things You'll Need
- Copy of Americans with Disabilities Act and related law
- Lawyer (optional)
Instructions
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Determine which parts of the Americans with Disabilities Act and other employment law may have been violated. The ADA protects people with a physical or mental impairment that affects major life activities, according to the law, and covers all businesses with 15 or more employees.
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Gather documentation of discrimination. A person who thinks he has been discriminated against should record instances of discrimination and gather documents such as memos, letters and emails.
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Discuss the situation with a supervisor. If the results are not satisfactory, talk to someone in upper-level management about the problem. According to the U.S. Office of Disability Employment Policy, many businesses have policies in place to deal with discrimination and may have official alternate dispute resolution procedures that are accepted by the ADA.
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Consult a lawyer and discuss filing a complaint with the appropriate government agency if no resolution can be reached with the employer. Four U.S. agencies oversee and apply ADA: the Department of Justice, the Department of Transportation, the Equal Employment Opportunity Commission and the Federal Communications Commission.
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Proceed with legal action. ADA cases can be complicated, time-consuming and costly. According to the U.S. Equal Employment Opportunity Commission, an employer is not allowed to dismiss a person because she files a complaint.
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